Jurisdiction

“Jurisdiction” is a power given by law to hear and decide controversies.  The term jurisdiction has three aspects in administrative law such as:

  • personal jurisdiction, referring to the agency’s authority over the parties and intervenors involved in the proceedings;
  • subject matter jurisdiction, referring to an agency’s power to hear and determine the causes of a general class of cases to which a particular case belongs; and
  • the agency’s scope of authority under statute.[i]

An administrative agency is without subject matter jurisdiction, if it lacks the statutory power to consider a matter.[ii]  The determinations of administrative agencies are valid only if they have jurisdiction.[iii]

[i] Davis v. Chicago Police Bd., 268 Ill. App. 3d 851 (Ill. App. Ct. 1st Dist. 1994)

[ii] Livingston Manor, Inc. v. Department of Social Services, Div. of Family Services, 809 S.W.2d 153 (Mo. Ct. App. W.D. 1991)

[iii] Business and Professional People for Public Interest v. Illinois Commerce Com’n, 136 Ill. 2d 192, 144 Ill. Dec. 334, 555 N.E.2d 693, 117 Pub. Util. Rep. 4th (PUR) 405 (1989)


Inside Jurisdiction